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PLEA CHALLENGING APPOINTMENT OF ADDITIONAL JUDGE

Why in news?

The Supreme Court on 4th May, rejected a petition filed by a district judge challenging the appointment of a ‘junior’ judicial officer as an additional judge of the Karnataka High Court on the ground that it breaches the seniority rule.

Details

  • SC Said that it generally does not interfere with the President’s order on appointment of judges at the 11th hour.
  • Plea was against a case of superseding/passing over of a senior District judge appointed under reserve category by a junior district judge, and the recommendation by the collegium of Karnataka High Court.

Background: Appointment of Judges

  • According to the constitution: The Appointment of Supreme Court & High Court Judges should be done by the President of India with the consent of Chief Justice of India provided Under Part V & VI.
  • A judge is appointed to the Supreme Court and the High Courts by the President of India from a list of names recommended by the collegium.
  • A collegium of Supreme Court for appointments in Supreme Court is: a closed group of the Chief Justice of India and the senior-most judges of the Supreme Court.
  • A collegium of High Court is: Chief Justice of India and the senior-most judges of the Supreme Court, along with Chief Justice of a High Court and its senior-most judges, for appointments to that court.
  • No minister, or even the executive collectively, can suggest any names for
  • appointment as judges, to the President.

Extra Information: Provisions in the Constitution regarding Judiciary:

  • Part V – Chapter IV – Deals with Union Judiciary i.e., Supreme Court – appointment & removal, role & function
  • Part VI – Chapter V – Deals with High Court – appointment & removal, role & function
  • Part VI – Chapter VI- Deals with Subordinate Courts – appointment & removal, role & function
  • Article 50 – Independence of Judiciary – which separates judiciary from executive
  • Other provisions are also under various parts & Articles which deals with the court responsibility.
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September 2022
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